from Seneca County Common Pleas Court Trial Court No.
Kochanowski for Appellant
W. DeVine for Appellee
Defendant-appellant, Craig L. Settles ("Settles"),
appeals the February 28, 2017 judgment entry of the Seneca
County Court of Common Pleas dismissing his petition for
post-conviction relief. For the reasons that follow, we
In 1997, Settles was convicted of murder with a firearm
specification and sentenced to "an indefinite term of
fifteen (15) years to life as to the charge of MURDER and a
term of three (3) years as a mandatory and consecutive term *
* * due to the defendant having a firearm." (Doc. Nos.
211, 212). Settles appealed the trial court's judgment
entry of sentence. See State v. Settles, 3d Dist.
Seneca No. 13-97-50, 1998 WL 667635, *1 (Sept. 30, 1998). In
that direct appeal, we affirmed the judgment of the trial
court. Id. at *8.
On August 8, 2016, Settles filed a "Petition for Writ of
Habeas Corpus Pursuant to Ohio Revised Code 2953.21."
(Doc. No. 235). In his "petition, " Settles
requested "vacating the sentence imposed" by the
trial court. (Id. at 6). As grounds for the
requested relief, Settles alleged that his "Eighth and
Fourteenth Amendment Right [sic] to freedom from cruel and
unusual punishment as guaranteed under the Ohio and United
States Constitutions" were denied. (Id. at 1).
Additionally, Settles stated as a ground for relief that he
received ineffective assistance of trial counsel.
(Id.). The State, treating Settles' petition as
a petition for post-conviction relief, filed its memorandum
in opposition to Settles' petition on September 6, 2016.
(Doc. No. 238). On September 16, 2016, Settles filed his
reply to the State's memorandum in opposition to his
petition. (Doc. No. 239).
Treating Settles' petition as a petition for
post-conviction relief, the trial court dismissed
Settles' petition on February 28, 2017. (Doc. No. 241).
On March 27, 2017, Settles filed a notice of appeal. (Doc.
No. 242). He raises three assignments of error for our
review. We will address the assignments of error together.
of Error I
Mr. Settles' Appeal Must Be Considered on its
of Error II
The Trial Court Erred in Denying Mr. Settles'
Petition for a Writ of Habeas Corpus When it Failed to Find
That Mr. Settles's [sic] Right to Be Free from Cruel and
Unusual Punishment Pursuant to the Eighth and Fourteenth
Amendments to the United States Constitution Was Violated
When Mr. Settles was Sentenced to a Disproportionate Sentence
Despite His Lessened Culpability.